Examples of Terminable Service Contracts in a sentence
If Buyer notifies Seller in writing on or prior to the expiration of the Inspection Period of any Service Contracts (the "Terminable Service Contracts") which (a) Buyer does not desire to assume, and (b) may be terminated as of right by Seller without payment of any termination fee, Seller shall promptly give notice of termination of each Terminable Service Contract effective as of Closing or as of such later date as such Service Contract may first be terminated without penalty.
If Buyer notifies Seller in writing on or prior to the expiration of the Inspection Period of any Service Contracts (the "Terminable Service Contracts") which (i) Buyer does not desire to assume and (ii) may be terminated as of right by Seller without payment of any termination fee, Seller shall promptly give notice of termination of each Terminable Service Contract effective as of Closing or as of such later date as such Service Contract may first be terminated.
Notwithstanding that Purchaser did not provide such notice prior to expiration of the Inspection Period, Seller and Purchaser hereby acknowledge and agree that Purchaser shall be obligated to assume the Terminable Service Contracts set forth on SCHEDULE I attached hereto ---------- and made a part hereof.
Service Contract, the Captivate Network Service Contract, all other Non-Terminable Service Contracts, the Terminable Service Contracts which Buyer has elected to assume, and the Terminable Service Contracts where notice of termination has occurred prior to the Closing but such termination is not yet effective) shall be deemed to be additional assumed Service Contracts.
Seller shall be responsible for all termination fees payable hereunder in connection with the termination of the Terminable Service Contracts which Buyer has elected not to assume in accordance with this Section 2.3. At Closing, Buyer shall receive a credit in the amount of $600,000 in connection with the assumption of the Unicom Thermal Technologies Inc.
Section 11.M. of the Initial Agreement provided that ----------------- Purchaser is obligated to assume the Existing Capital Service Contracts, any Service Contracts consented to (or deemed to be consented to) by Purchaser in accordance with Section 9.F.1. or Section 11.V. of the Initial Agreement, and those Terminable Service Contracts that Purchaser elects to assume on or before the expiration of the Inspection Period.
Promptly after the expiration of the Evaluation Period, Seller shall terminate all Terminable Service Contracts other than the Terminable Service Contracts which Buyer has elected to assume, effective as of the Closing Date or such later date as the applicable Terminable Service Contract may provide.
Buyer shall notify Seller in writing within five (5) Business Days following the Effective Date as to those Terminable Service Contracts which Buyer has elected to assume.
Buyer shall assume at Closing (i) the Terminable Service Contracts until such time as the termination of such contracts by Seller shall become effective, and (ii) all Service Contracts that cannot be terminated by their terms or that cannot be terminated without payment of a termination fee by Seller.